A Mediação de Conflitos por Meios Eletrônicos Como Forma de Acesso à Justiça

Abstract

Access to justice is an inherent principle of human existence and a right preserved by the constitutional guarantees. However, the recent transformations in the brazilian socioeconomic context have created a new paradigm that requires alternatives to the excessive judicialization focused on preventing delays in court decisions. Also, the social inequalities that permeate the society end up distancing the population from the judicial branch. At the same time, technological innovations have definitely transformed the way social relations are established and allow the development of methods that help in achieving the access to justice. From this point of view, the present study proposes to conceptualize the mediation method as one of the Alternative Dispute Resolution nationwide, and then to characterize digital mediation in face of Online Dispute Resolution methods, its advantages and challenges in the brazilian digital inclusion framework, in order to identify the nuances of its functioning as a form of access to Justice.